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MATTER OF JONATHAN S

Appellate Division of the Supreme Court of New York, Second Department.
Feb 17, 2000
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DECISION ORDER

ORDERED that the appeal from so much of the order as placed the child in the care of the Commissioner of Social Services for a period of 12 months is dismissed as academic, without costs or disbursements; and it is further,

ORDERED that the order is affirmed insofar as reviewed, without costs or disbursements.

The appeal from so much of the order as placed the child in the care of the Commissioner of Social Services must be dismissed as academic because that order expired by its own terms after one year (see, Matter of Arthur C., 260 A.D.2d 478; Matter of R. W. Children, 240 A.D.2d 207; Matter of Jason J., 237 A.D.2d 357; Matter of Commissioner of Social Servs. v. Anne F., 225 A.D.2d 620). Nevertheless, the adjudication of abuse and neglect constitutes a permanent and significant stigma which might indirectly affect the appellant's status in any future proceedings. Therefore, the appeal from so much of the order of disposition as determined that she abused and neglected her child is not academic (see, Matter of Eddie E., 219 A.D.2d 719; Matter of H. Children, 156 A.D.2d 520).

Contrary to the appellant's contention, the respondent proved by a preponderance of the evidence that she abused and neglected her child (see, Julian L. v. Hyacinth L., 210 A.D.2d 329, 331; see also,Matter of Irene O., 38 N.Y.2d 776; Matter of Carine T., 183 A.D.2d 902).